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22 LGBT Advances That (Probably) Will Disappear Under A President Romney

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Under a President Mitt Romney, there are at least 22 advances in LGBT civil rights delivered by President Barack Obama that most likely will disappear. While Nancy Pelosi and, to a far lesser extent, Harry Reid, have worked to support civil rights and protections for the gay community, Barack Obama has — sometimes with great fanfare, oftentimes in the shadows — delivered important advances.

Back in 2010, at Change.org, I wrote a somewhat controversial (at the time) article, “Obama’s Gay Rights Come With An Expiration Date,” which stated:

President Obama should know better than to incrementalize gay rights, and tie them to his presidency. And yet, that’s exactly what he’s doing.

…

President Obama has slowly and quietly doled out rights to the LGBTQ community. These are rights we should have by the very nature of our existence, rights that every other American has upon birth, but the president has doled them out cautiously, meekly, without pomp or circumstance, and, worse, he has tied them to his presidency.

This tactic is problematic for two reasons.

First, by expanding our civil rights by issuing executive orders and memoranda, President Obama’s gay civil rights come with an expiration date. Yes, that’s right. The rights he has decreed, without working through Congress, are tied to his presidency. Any of his successors can, simply with the stroke of a pen, wipe out all our hard-earned rights, just because he or she wants to. Do you honestly think the next Republican president won’t do that?

Today, the Washington Blade’s Chris Johnson posts a long list of 21 LGBT advances a President Romney could — with the stroke of a pen or incrementally — make disappear into a more progressive history.

Asking, “Would President Romney undo pro-LGBT advances?,” Johnson notes:

Many of the pro-LGBT advances that have happened under the Obama administration occurred through changes made by the executive branch rather than through legislation. Changes that were made without the consent of Congress could be reversed under an administration that wanted to cozy up to the religious right.

The Washington Blade has identified five regulatory changes and 16 sub-regulatory changes enacted by the Obama administration that could be reversed if Romney were elected to the White House. These changes include giving greater recognition to same-sex couples, protecting federal LGBT workers against discrimination and ensuring the federal government recognizes the correct gender of transgender people.

The one Johnson doesn’t include in his list of “five regulatory changes and 16 sub-regulatory changes” is the most-obvious: Obama’s support of same-sex marriage equality.

Here’s the list from the Blade:

Regulations

The Administrative Procedures Act provides safeguards against politically motivated policy switches. Thus repealing the policies below would involve a multi-year process.

  • The Department of Health and Human Services (HHS) adopted a regulation ending the ban on HIV-positive visitors and immigrants.
  • President Obama issued Presidential Memorandum in April 2010 directing HHS to issue regulations requiring all hospitals receiving Medicaid and Medicare to prohibit discrimination in visitation against LGBT people. HHS issued a final regulation that went into effect in early 2011.
  • HUD issued final regulations in January 2012 prohibiting discrimination in federal public housing programs and federally insured mortgage loans.  HUD also requires its grantees to comply with LGBT-inclusive state and local housing discrimination protections.
  • The Office of Personnel Management published final regulations in the Federal Register expanding the eligibility for long-term care coverage to same-sex partners and sick leave to care for a same-sex partner.
  •  The federal Prison Rape Elimination Commission proposed national standards to reduce sexual abuse in correctional facilities, including standards regarding LGBT and intersex inmates. They were later instituted as a rule finalized by the Justice Department last month.

Sub-Regulatory Guidance/Policy Announcements

These are policy advances instituted by — and subject to the will of — the administration.

  • The Department of Health and Human Services revised its funding guidance around abstinence-only-until-marriage sex education programs, requiring that recipient programs are inclusive of and non-stigmatizing toward LGBT youth.
  • HHS, in partnership with the Department of Education and Department of Justice, launched stopbullyingnow.com.
  • The U.S. Immigration and Customs Enforcement agency recently released new 2011 Performance Based National Detention Standards.  These new standards provide guidance that aims to improve treatment of LGBT and HIV-positive people in detention facilities.
  • In summer 2011, ICE published a memo and clarifying guidance providing that an individual’s family relationships, including a same-sex relationship, would be considered as a factor in labeling certain deportations as low-priority deportations.
  • The U.S. Customs and Border Patrol announced a proposed regulatory change expanding the meaning of “members of a family residing in one household” for the purposes of the customs declaration form, which must be completed prior to re-entry to the United States.
  • The DOJ issued an opinion clarifying that the criminal provisions of the Violence Against Women Act related to stalking and abuse apply equally to same-sex partners.
  • The State Department revised the standards for changing a gender marker on a passport, making the process less burdensome for transgender people.
  • In September 2011, the Social Security Administration confirmed that it ended the practice of allowing gender to be matched in its Social Security Number Verification System (SSNVS). This resulted in the immediate cessation of SSA sending notifications that alert employers when the gender marker on an employee’s W-2 does not match Social Security records.
  • The State Department extended numerous benefits to the partners of Foreign Service officers, including diplomatic passports and access to emergency evacuation.
  • The State Department reversed a Bush administration policy that refused to use a same-sex marriage license as evidence of a name change for passports.
  • The Department of Education issued guidance clarifying when student bullying may violate federal law, distributed a memo outlining key components of strong state anti-bullying laws and policies and made clear to public schools that gay-straight alliances have a right to form and meet.
  • The Department of Education published guidance and, in coordination with the Department of Justice, has pursued Title IX complaints filed by LGBT students experiencing harassment based on sex or sex stereotyping.
  • OPM added gender identity to the equal employment opportunity policy governing all federal jobs.
  • The Department of Labor issued guidance clarifying that an employee can take time off under the Family and Medical Leave Act to care for a same-sex partner’s child.
  • The IRS clarified that domestic partners (and their children) can be designated beneficiaries for VEBA funding/payment purposes.
  • The Census Bureau overturned the Bush administration’s interpretation of the Defense of Marriage Act and agreed to release data on married same-sex couples along with other demographic information from the 2010 Census.

SOURCE: HRC

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‘On Day One’: Trump Vows to End Protections for LGBTQ Students

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May 10, 2024

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Donald Trump says the day he enters the Oval Office for a second term he will end anti-discrimination protections for LGBTQ+ students implemented by the Biden administration.

Serving up a scattershot series of complaints with the hosts from the Philadelphia-based right-wing talk radio show “Kayal and Company” on Friday, Trump compared LGBTQ+ protections to a “cuckoo’s nest.”

“A lot of things don’t make sense, having to do with what they’re doing, from the border to all of the men playing in women’s sports. I mean, the world is like a cuckoo’s nest right now with what they do,” Trump declared.

One of the hosts alleged President Joe Biden has engaged in “manipulation” of Title IX, the federal civil rights law that prohibits sex-based discrimination in schools that receive federal funding. She claimed parents now have to “pinch some pennies” to be able to afford private Christian schools for their children, to remove them from the enhancements that go into effect this summer.

“Many schools are grappling with what they’re going to do,” she said, “because as of August 1, as you know, because of Biden’s manipulation of Title IX, these kids, the school boards, have no choice, they’re meeting right now they, many of them perplexed, and they don’t know what to do, Mr. President, because they’re so upset over this that at August 1 a biological boy can change in a locker room.”

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Trump replied, “It’s crazy. Crazy.”

“We’re going to end it on day one,” Trump vowed. “We’re going to change it on day one. It’s going to be changed. We’re going to end it. That’s right.”

“The whole thing is crazy. Look, it’s like men playing in women’s sports. It’s like open borders for the world to come in. Send all their prisoners. We’ll take as many as you can give us. Send all their people from mental institutions.”

“We’ll get that changed. Tell your people not to worry about it. It’ll be signed on day one. It will be terminated,” Trump promised, vowing to end the LGBTQ+ protections which include protections for sexual orientation and gender identity.

On his first day in office, President Biden implemented “the most far-reaching of any federal protections yet” for LGBTQ+ people, according to NPR.

In an explainer on the new expanded rules, Ms. Magazine reports “The 2024 regulations prohibit discrimination not only on the basis of sex, but also on the basis of sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

According to GLAAD, which is tracking “the Biden administration’s executive orders, legislative support, speeches and nominations that affect LGBTQ people and rights,” President Biden has made 337 “moves” in 1206 days.

Listen to a short clip below or at this link.

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Ari Fleischer Offers Donald Trump Advice Attorney Says ‘Effectively’ Violates Gag Order

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9 hours ago

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May 10, 2024

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A Fox News panel discussing the Trump New York criminal trial debated whether or not the indicted ex-president could attack the judge’s daughter, with former Bush 43 press secretary Ari Fleischer insisting he should, and claiming doing so would not violate the terms of the gag order.

“President Trump needs to stop calling the judge ‘conflicted.’ He needs to explain why he’s conflicted,” Fleischer said Friday to a panel that included former Trump press secretary Kayleigh McEnany. “Every day of the trial he goes in there, he says, ‘the judge is conflicted, conflicted bigger than I’ve ever seen anywhere in my life.’ He doesn’t explain how or why. He needs to say that the judge’s daughter works for a Democratic political consulting firm that does anti-Trump business. He needs to explain it. Otherwise, it’s just an assertion with no proof. And the President if he’s going to say it, back it up. Explain.”

“I think that’s a violation of the gag order, is it not?” a Fox panelist replied.

“No, he can criticize the judge,” McEnany responded.

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“Not the judge but the family,” the panelist added.

“But when he says the judge is conflicted, you can still explain how and why, and I think comply with a gag,” Fleischer insisted.

The panelists then agreed Donald Trump has been “measured” in his remarks.

National security attorney Brad Moss weighed in on social media, posting the relevant portion of the gag order and writing that Fleischer “effectively recommends Trump violate the terms of the gag order.”

The gag order in part reads: “Defendant is directed to refrain from” … “Making or directing others to make public statements about (1) counsel in the case other than the District Attorney, (2) members of the court’s staff and the District Attorney’s staff, or (3) the family members of any counsel, staff member, the Court or the District Attorney, if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel’s or staffs work in this criminal case, or with the knowledge that such interference is likely to result.”

Despite Trump’s repeated attacks, an ethics panel last year cleared Judge Juan Merchan of any issues surrounding his daughter’s work.

On Monday, Judge Merchan warned Trump he may throw him in jail if he violates the gag order again.

Watch below or at this link.

READ MORE: ‘Undisguised Corruption’: Critics Slam Trump for ‘Selling the White House’ to Big Oil

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News

Bannon Will Be ‘Going to Prison’ After Criminal Contempt Conviction Upheld, Experts Predict

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11 hours ago

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May 10, 2024

By

A federal appeals court panel of three judges has upheld the criminal contempt of Congress conviction of Steve Bannon, the far-right provocateur and former Trump chief strategist and senior White House advisor. Legal experts say he can appeal but ultimately he will he headed to prison.

Bannon had refused to comply with a subpoena lawfully-issued by the U.S. House Select Committee on the January 6 Attack.

“Bannon was sentenced to four months in jail in 2022 by U.S. District Judge Carl Nichols after a jury convicted him of two counts of contempt of Congress,” Politico reports Friday. “But Nichols, a Trump appointee, agreed to postpone the jail term while Bannon appealed the decision, agreeing that the complex mix of laws that govern executive privilege and testimonial immunity for White House aides could be overturned by higher courts.”

The appeals court panel includes judges appointed by President Barack Obama, Donald Trump, and Joe Biden, according to CNN’s Zachary Cohen.

In their ruling the judges wrote: “Public accounts indicated that Bannon had predicted on a January 5, 2021 podcast that ‘all hell [wa]s going to break loose’ the next day,” and noted, “In addition to the podcast prediction, Bannon had reportedly participated in discussions in late 2020 and early 2021 about efforts to overturn the 2020 election results.”

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Politico noted the “three-judge panel of the D.C. Circuit Court of Appeals rejected Bannon’s argument, saying the former aide and prominent podcaster had no legal rationale for his blanket refusal to appeal before the Jan. 6 committee — and that long-standing case law.”

Bannon is a peddler of conspiracy theories whose podcast “was crowned the top peddler of false, misleading and unsubstantiated statements among political podcasts,” according to The New York Times, citing a Brookings study.

“Bannon is unlikely to have to report to prison immediately,” NBC News reports.

Legal experts weighed in on the question of prison for Bannon.

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“And now it’s time for Bannon to be given a date to report to the federal Bureau of Prisons to begin serving his sentence,” remarked MSNBC and NBC News legal analyst Glenn Kirschner, a former federal prosecutor.

“Bannon is effectively out of appeals,” observed professor of law and MSNBC legal analyst Joyce Vance, former U.S. Attorney. “He can delay a little bit longer, asking for the full court to review the decision en banc & asking SCOTUS to hear his case on cert, but neither one of those things will happen. Bannon is going to prison.”

Professor of law and former chief White House ethics lawyer Richard Painter remarked, “it’s slammer time.”

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